Preventing Sex Trafficking and Strengthening Families
Act

This Act may be cited as the “Preventing Sex Trafficking
and Strengthening Families Act”.

* * * * * * *

SEC 101.[42 U.S. C. 671 note] IDENTIFYING, DOCUMENTING, AND DETERMINING SERVICES FOR CHILDREN
AND YOUTH AT RISK OF SEX TRAFFICKING.

(a) In General.— Section 471(a)(9) (42 U.S.C. 671(a)(9)) is amended

(1) in subparagraph (A), by striking "and";

(2) in subparagraph (B), by inserting "and" after the semicolon;
and

(3) by adding at the end the following:

(C) not later than—

(i) 1 year after the date of enactment of this subparagraph,
demonstrate to the Secretary that the State agency has developed,
in consultation with State and local law enforcement, juvenile justice
systems, health care providers, education agencies, and organizations
with experience in dealing with at-risk children and youth, policies
and procedures (including relevant training for caseworkers) for identifying,
documenting in agency records, and determining appropriate services
with respect to—

(I) any child or youth over whom the State agency has responsibility
for placement, care, or supervision and who the State has reasonable
cause to believe is, or is at risk of being, a sex trafficking victim
(including children for whom a State child welfare agency has an open
case file but who have not been removed from the home, children who
have run away from foster care and who have not attained 18 years
of age or such older age as the State has elected under section 475(8)
of this Act, and youth who are not in foster care but are receiving
services under section 477 of this Act); and

(II) at the option of the State, any individual who has not
attained 26 years of age, without regard to whether the individual
is or was in foster care under the responsibility of the State; and

(ii) 2 years after such date of enactment, demonstrate to the
Secretary that the State agency is implementing the policies and procedures
referred to in clause (i).

(b) Definition of Sex Trafficking
Victim.— Section 475 (42 U.S.C. 675) is amended by adding at the end
the following:

(2) by striking the period at the end of paragraph (33) and
inserting a semicolon; and

(3) by adding at the end the following:

“(34) provides that, for each child or youth described
in paragraph (9)(C)(i)(I), the State agency shall—

(A) not later than 2 years after the date of the enactment of
this paragraph, report immediately, and in no case later than 24 hours
after receiving information on children or youth who have been identified
as being a sex trafficking victim, to the law enforcement authorities;
and

(B) not later than 3 years after such date of enactment and
annually thereafter, report to the Secretary the total number of children
and youth who are sex trafficking victims.”

(b) Duties of the Secretary.— Section 471 (42 U.S.C. 671) is amended by adding at the end
the following:

“(d) Annual Reports by the Secretary on Number of Children
and Youth Reported by States To Be Sex Trafficking Victims. Not later
than 4 years after the date of the enactment of this subsection and
annually thereafter, the Secretary shall report to the Congress and
make available to the public on the Internet website of the Department
of Health and Human Services the number of children and youth reported
in accordance with subsection (a)(34)(B) of this section to be sex
trafficking victims (as defined in section 475(9)(A)”.

Sec 103 INCLUDING SEX TRAFFICKING DATA IN THE ADOPTION AND FOSTER
CARE ANALYSIS AND REPORTING SYSTEM

Section 479(c)(3) (42 U.S.C. 679(c)(3)) is amended

(1) in subparagraph (C)(iii), by striking “and” after
the comma; and

(2) by adding at the end the following:

(E) the annual number of children in foster care who are identified
as sex trafficking victims

(i) who were such victims before entering foster care; and

(ii) who were such victims while in foster care; and''.

Sec 104 LOCATING AND RESPONDING TO CHILDREN WHO RUN AWAY FROM FOSTER
CARE

Section 471(a) (42 U.S.C. 671(a)), as amended by section 102(a)
of this Act, is amended

(1) by striking the period at the end of paragraph (34) and inserting
“; and”; and

(2) by adding at the end the following:

“(35) provides that

(A) not later than 1 year after the date of the enactment of this
paragraph, the State shall develop and implement specific protocols
for

(i) expeditiously locating any child missing from foster care;

(ii) determining the primary factors that contributed to the child's
running away or otherwise being absent from care, and to the extent
possible and appropriate, responding to those factors in current and
subsequent placements;

(iii) determining the child's experiences while absent from care,
including screening the child to determine if the child is a possible
sex trafficking victim (as defined in section 475(9)(A)); and

(iv) reporting such related information as required by the Secretary;
and

(B) not later than 2 years after such date of enactment, for each
child and youth described in paragraph (9)(C)(i)(I) of this subsection,
the State agency shall report immediately, and in no case later than
24 hours after receiving, information on missing or abducted children
or youth to the law enforcement authorities for entry into the National
Crime Information Center (NCIC) database of the Federal Bureau of
Investigation, established pursuant to section 534 of title 28, United
States Code, and to the National Center for Missing and Exploited
Children.”.

Sec 105 INCREASING INFORMATION ON CHILDREN IN FOSTER CARE TO PREVENT
SEX TRAFFICKING

Not later than 2 years after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit to the
Congress a written report which summarizes the following:

(1) Information on children who run away from foster care and their
risk of becoming sex trafficking victims, using data reported by States
under section 479 of the Social Security Act and information collected
by States related to section 471(a)(35) of such Act, including

(A) characteristics of children who run away from foster care;

(B) potential factors associated with children running away from
foster care (such as reason for entry into care, length of stay in
care, type of placement, and other factors that contributed to the
child's running away);

(C) information on children's experiences while absent from care;
and

(D) trends in the number of children reported as runaways in each
fiscal year (including factors that may have contributed to changes
in such trends).

(2) Information on State efforts to provide specialized services,
foster family homes, child care institutions, or other forms of placement
for children who are sex trafficking victims.

(3) Information on State efforts to ensure children in foster care
form and maintain long-lasting connections to caring adults, even
when a child in foster care must move to another foster family home
or when the child is placed under the supervision of a new caseworker.

(1) Definitions relating
to the standard.— Section 475 (42 U.S.C. 675), as amended by section 101(b) of
this Act, is amended by adding at the end the following:

“(10)(A) The term `reasonable and prudent parent standard' means the
standard characterized by careful and sensible parental decisions
that maintain the health, safety, and best interests of a child while
at the same time encouraging the emotional and developmental growth
of the child, that a caregiver shall use when determining whether
to allow a child in foster care under the responsibility of the State
to participate in extracurricular, enrichment, cultural, and social
activities.

(B) For purposes of subparagraph (A), the term “caregiver”
means a foster parent with whom a child in foster care has been placed
or a designated official for a child care institution in which a child
in foster care has been placed.

(11)(A) The term `age or developmentally-appropriate' means

(i) activities or items that are generally accepted as suitable
for children of the same chronological age or level of maturity or
that are determined to be developmentally-appropriate for a child,
based on the development of cognitive, emotional, physical, and behavioral
capacities that are typical for an age or age group; and

(ii) in the case of a specific child, activities or items that are
suitable for the child based on the developmental stages attained
by the child with respect to the cognitive, emotional, physical, and
behavioral capacities of the child.

(B) In the event that any age-related activities have implications
relative to the academic curriculum of a child, nothing in this part
or part B shall be construed to authorize an officer or employee of
the Federal Government to mandate, direct, or control a State or local
educational agency, or the specific instructional content, academic
achievement standards and assessments, curriculum, or program of instruction
of a school.”.

(B) by striking “and that such preparation” and inserting
“that the preparation”; and

(C) by inserting “, and that the preparation shall include
knowledge and skills relating to the reasonable and prudent parent
standard for the participation of the child in age or developmentally-appropriate
activities, including knowledge and skills relating to the developmental
stages of the cognitive, emotional, physical, and behavioral capacities
of a child, and knowledge and skills relating to applying the standard
to decisions such as whether to allow the child to engage in social,
extracurricular, enrichment, cultural, and social activities, including
sports, field trips, and overnight activities lasting 1 or more days,
and to decisions involving the signing of permission slips and arranging
of transportation for the child to and from extracurricular, enrichment,
and social activities” before the semicolon.

(3) Technical assistance.— The Secretary of Health and Human Services shall provide assistance
to the States on best practices for devising strategies to assist
foster parents in applying a reasonable and prudent parent standard
in a manner that protects child safety, while also allowing children
to experience normal and beneficial activities, including methods
for appropriately considering the concerns of the biological parents
of a child in decisions related to participation of the child in activities
(with the understanding that those concerns should not necessarily
determine the participation of the child in any activity).

(b) Normalcy for Children in
Child Care Institutions.— Section 471(a)(10) (42 U.S.C. 671(a)(10)) is amended to read
as follows:

“(10) provides

(A) for the establishment or designation of a State authority or
authorities that shall be responsible for establishing and maintaining
standards for foster family homes and child care institutions which
are reasonably in accord with recommended standards of national organizations
concerned with standards for the institutions or homes, including
standards related to admission policies, safety, sanitation, and protection
of civil rights, and which shall permit use of the reasonable and
prudent parenting standard;

(B) that the standards established pursuant to subparagraph (A)
shall be applied by the State to any foster family home or child care
institution receiving funds under this part or part B and shall require,
as a condition of each contract entered into by a child care institution
to provide foster care, the presence on-site of at least 1 official
who, with respect to any child placed at the child care institution,
is designated to be the caregiver who is authorized to apply the reasonable
and prudent parent standard to decisions involving the participation
of the child in age or developmentally-appropriate activities, and
who is provided with training in how to use and apply the reasonable
and prudent parent standard in the same manner as prospective foster
parents are provided the training pursuant to paragraph (24);

(C) that the standards established pursuant to subparagraph (A)
shall include policies related to the liability of foster parents
and private entities under contract by the State involving the application
of the reasonable and prudent parent standard, to ensure appropriate
liability for caregivers when a child participates in an approved
activity and the caregiver approving the activity acts in accordance
with the reasonable and prudent parent standard; and

(D) that a waiver of any standards established pursuant to subparagraph
(A) may be made only on a case- by-case basis for nonsafety standards
(as determined by the State) in relative foster family homes for specific
children in care;”.

(1) Section 477(a) (42 U.S.C. 677(a)) is amended

(A) by striking “and” at the end of paragraph (6);

(B) by striking the period at the end of paragraph (7) and inserting
“; and”; and

(C) by adding at the end the following:

“(8) to ensure children who are likely to remain in foster care
until 18 years of age have regular, ongoing opportunities to engage
in age or developmentally-appropriate activities as defined in section
475(11).”.

(1) In general.— The amendments made by this section shall take effect on the
date that is 1 year after the date of the enactment of this Act.

(2) Delay permitted
if state legislation required.— If the Secretary of Health and Human Services determines that
State legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional requirements
imposed by the amendments made by this section, the plan shall not
be regarded as failing to meet any of the additional requirements
before the 1st day of the 1st calendar quarter beginning after the
1st regular session of the State legislature that begins after the
date of the enactment of this Act. If the State has a 2-year legislative
session, each year of the session is deemed to be a separate regular
session of the State legislature

Sec 112 IMPROVING ANOTHER PLANNED PERMANENT LIVING ARRANGEMENT AS
A PERMANENCY OPTION

(1) In general.— Section 475(5)(C)(i) (42 U.S.C. 675(5)(C)(i)) is amended by
inserting “only in the case of a child who has attained 16 years
of age” before “(in cases where”.

(3) Delayed applicability
with respect to certain children.— In the case of children in foster care under the responsibility
of an Indian tribe, tribal organization, or tribal consortium (either
directly or under supervision of a State), the amendments made by
this subsection shall not apply until the date that is 3 years after
the date of the enactment of this Act.

(1) In general.— Part E of title IV (42 U.S.C. 670 et seq.) is amended by inserting
after section 475 the following:

“SEC. 475A. ADDITIONAL CASE PLAN AND CASE REVIEW SYSTEM
REQUIREMENTS.

(a) Requirements
for Another Planned Permanent Living Arrangement.— In the case of any child for whom another planned permanent
living arrangement is the permanency plan determined for the child
under section 475(5)(C), the following requirements shall apply for
purposes of approving the case plan for the child and the case system
review procedure for the child:

(1) Documentation
of intensive, ongoing, unsuccessful efforts for family placement.— At each permanency hearing held with respect to the child,
the State agency documents the intensive, ongoing, and, as of the
date of the hearing, unsuccessful efforts made by the State agency
to return the child home or secure a placement for the child with
a fit and willing relative (including adult siblings), a legal guardian,
or an adoptive parent, including through efforts that utilize search
technology (including social media) to find biological family members
for the children.

(2) Redetermination
of appropriateness of placement at each permanency hearing.— The State agency shall implement procedures to ensure that,
at each permanency hearing held with respect to the child, the court
or administrative body appointed or approved by the court conducting
the hearing on the permanency plan for the child does the following:

(A) Ask the child about the desired permanency outcome for the
child.

(B) Make a judicial determination explaining why, as of the date
of the hearing, another planned permanent living arrangement is the
best permanency plan for the child and provide compelling reasons
why it continues to not be in the best interests of the child to

(i) return home;

(ii) be placed for adoption;

(iii) be placed with a legal guardian; or

(iv) be placed with a fit and willing relative.

(3) Demonstration of support
for engaging in age or developmentally-appropriate activities and
social events.— At each permanency hearing held with respect to the child,
the State agency shall document the steps the State agency is taking
to ensure that.

(A) the child's foster family home or child care institution is
following the reasonable and prudent parent standard; and

(B) the child has regular, ongoing opportunities to engage in age
or developmentally appropriate activities (including by consulting
with the child in an age-appropriate manner about the opportunities
of the child to participate in the activities).”.

(i) Part b.— Section 422(b)(8)(A)(ii) (42 U.S.C. 622(b)(8)(A)(ii)) is amended
by inserting “and in accordance with the requirements of section
475A” after “section 475(5)”.

(ii) Part e.— Section 471(a)(16) (42 U.S.C. 671(a)(16)) is amended—

(I) by inserting “and in accordance with the requirements
of section 475A” after “section 475(1)”; and

(i) in paragraph (1), in the matter preceding subparagraph (A),
by inserting “meets the requirements of section 475A and”
after “written document which”; and

(ii) in paragraph (5)

(I) in subparagraph (B), by adding at the end the following “and,
for a child for whom another planned permanent living arrangement
has been determined as the permanency plan, the steps the State agency
is taking to ensure the child's foster family home or child care institution
is following the reasonable and prudent parent standard and to ascertain
whether the child has regular, ongoing opportunities to engage in
age or developmentally appropriate activities (including by consulting
with the child in an age-appropriate manner about the opportunities
of the child to participate in the activities);”; and

(II) in subparagraph (C)—

(aa) by inserting “, as of the date of the hearing,”
after “compelling reason for determining”; and

(bb) by inserting “subject to section 475A(a),” after
“another planned permanent living arrangement,”.

(1) In general.— The amendments made by this section shall take effect on the
date that is 1 year after the date of the enactment of this Act.

(2) Delay permitted if state legislation required.—If the
Secretary of Health and Human Services determines that State legislation
(other than legislation appropriating funds) is required in order
for a State plan developed pursuant to part E of title IV of the Social
Security Act to meet the additional requirements imposed by the amendments
made by this section, the plan shall not be regarded as failing to
meet any of the additional requirements before the 1st day of the
1st calendar quarter beginning after the 1st regular session of the
State legislature that begins after the date of the enactment of this
Act. If the State has a 2-year legislative session, each year of the
session is deemed to be a separate regular session of the State legislature

Sec 113 EMPOWERING FOSTER CHILDREN AGE 14 AND OLDER IN THE DEVELOPMENT
OF THEIR OWN CASE PLAN AND TRANSITION PLANNING FOR A SUCCESSFUL ADULTHOOD

(a) In General.— Section 475(1)(B) (42 U.S.C. 675(1)(B)) is amended by adding
at the end the following: “With respect to a child who has attained
14 years of age, the plan developed for the child in accordance with
this paragraph, and any revision or addition to the plan, shall be
developed in consultation with the child and, at the option of the
child, with up to 2 members of the case planning team who are chosen
by the child and who are not a foster parent of, or caseworker for,
the child. A State may reject an individual selected by a child to
be a member of the case planning team at any time if the State has
good cause to believe that the individual would not act in the best
interests of the child. One individual selected by a child to be a
member of the child's case planning team may be designated to be the
child's advisor and, as necessary, advocate, with respect to the application
of the reasonable and prudent parent standard to the child.”.

(b) Conforming Amendments To
Include Children 14 and Older in Transition Planning..— Section 475 (42 U.S.C. 675) is amended—

(1) in paragraph (1)(D), by striking “Where appropriate,
for a child age 16” and inserting “For a child who has
attained 14 years of age”; and

(2) in paragraph (5)—

(A) in subparagraph (C)—

(i) in clause (i), by striking “16” and inserting “14”;

(ii) by striking “and” at the end of clause (ii); and

(iii) by adding at the end the following: “and (iv) if a child
has attained 14 years of age, the permanency plan developed for the
child, and any revision or addition to the plan, shall be developed
in consultation with the child and, at the option of the child, with
not more than 2 members of the permanency planning team who are selected
by the child and who are not a foster parent of, or caseworker for,
the child, except that the State may reject an individual so selected
by the child if the State has good cause to believe that the individual
would not act in the best interests of the child, and 1 individual
so selected by the child may be designated to be the child's advisor
and, as necessary, advocate, with respect to the application of the
reasonable and prudent standard to the child;”; and

(d) List of Rights.— Section 475A, as added by section 112(b)(1) of this Act, is
amended by adding at the end the following:

“(b) List of
Rights.— The case plan for any child in foster care under the responsibility
of the State who has attained 14 years of age shall include—

(1) a document that describes the rights of the child with respect
to education, health, visitation, and court participation, the right
to be provided with the documents specified in section 475(5)(I) in
accordance with that section, and the right to stay safe and avoid
exploitation; and

(2) a signed acknowledgment by the child that the child has been
provided with a copy of the document and that the rights contained
in the document have been explained to the child in an age-appropriate
way.”.

(e) Report.— Not later than 2 years after the date of the enactment of this
Act, the Secretary of Health and Human Services shall submit a report
to Congress regarding the implementation of the amendments made by
this section. The report shall include—

(1) an analysis of how States are administering the requirements
of paragraphs (1)(B) and (5)(C) of section 475 of the Social Security
Act, as amended by subsections (a) and (b) of this section, that a
child in foster care who has attained 14 years of age be permitted
to select up to 2 members of the case planning team or permanency
planning team for the child from individuals who are not a foster
parent of, or caseworker for, the child; and

(2) a description of best practices of States with respect to the
administration of the requirements.

(f) Effective Date.—

(1) In general.— The amendments made by this section shall take effect on the
date that is 1 year after the date of the enactment of this Act.

(2) Delay permitted
if state legislation required.— If the Secretary of Health and Human Services determines that
State legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional requirements
imposed by the amendments made by this section, the plan shall not
be regarded as failing to meet any of the additional requirements
before the 1st day of the 1st calendar quarter beginning after the
1st regular session of the State legislature that begins after the
date of the enactment of this Act. If the State has a 2-year legislative
session, each year of the session is deemed to be a separate regular
session of the State legislature.

(2) by inserting “, and, if the child is leaving foster care
by reason of having attained 18 years of age or such greater age as
the State has elected under paragraph (8), unless the child has been
in foster care for less than 6 months, is not discharged from care
without being provided with (if the child is eligible to receive such
document) an official or certified copy of the United States birth
certificate of the child, a social security card issued by the Commissioner
of Social Security, health insurance information, a copy of the child's
medical records, and a driver's license or identification card issued
by a State in accordance with the requirements of section 202 of the
REAL ID Act of 2005” before the period.

(b) Effective Date.—

(1) In general.— The amendments made by this section shall take effect 1 year
after the date of enactment of this Act.

(2) Delay permitted
if state legislation required.— If the Secretary of Health and Human Services determines that
State legislation (other than legislation appropriating funds) is
required in order for a State plan developed pursuant to part E of
title IV of the Social Security Act to meet the additional requirements
imposed by the amendments made by this section, the plan shall not
be regarded as failing to meet any of the additional requirements
before the 1st day of the 1st calendar quarter beginning after the
1st regular session of the State legislature that begins after the
date of the enactment of this Act. If the State has a 2-year legislative
session, each year of the session is deemed to be a separate regular
session of the State legislature

Sec 115 INFORMATION ON CHILDREN IN FOSTER CARE IN ANNUAL REPORTS
USING AFCARS DATA; CONSULTATION

Section 479A (42 U.S.C. 679b) is amended—

(1) by striking “The Secretary” and inserting the following:

“(a) In General .—The Secretary”;

(2) in paragraph (5), by striking “and” after the semicolon;

(3) in paragraph (6)(C), by striking the period at the end and
inserting “; and”; and

(4) by adding at the end the following:

“(7) include in the report submitted pursuant to paragraph

(5) for fiscal year 2016 or any succeeding fiscal year, State-by-State
data on—

(A) children in foster care who have been placed in a child care
institution or other setting that is not a foster family home, including—

(i) the number of children in the placements and their ages, including
separately, the number and ages of children who have a permanency
plan of another planned permanent living arrangement;

(ii) the duration of the placement in the settings (including for
children who have a permanency plan of another planned permanent living
arrangement);

(iii) the types of child care institutions used (including group
homes, residential treatment, shelters, or other congregate care settings);

(iv) with respect to each child care institution or other setting
that is not a foster family home, the number of children in foster
care residing in each such institution or non-foster family home;

(v) any clinically diagnosed special need of such children; and

(vi) the extent of any specialized education, treatment, counseling,
or other services provided in the settings; and

(B) children in foster care who are pregnant or parenting.

* * * * * * *

Sec 121 ESTABLISHMENT OF A NATIONAL ADVISORY COMMITTEE ON THE SEX
TRAFFICKING OF CHILDREN AND YOUTH IN THE UNITED STATES

Title XI (42 U.S.C. 1301 et seq.) is amended by inserting after
section 1114 the following:

“national advisory committee on the sex trafficking of
children and youth in the united states

“Sec. 1114A (a) Official
Designation .—This section relates to the National Advisory Committee on the
Sex Trafficking of Children and Youth in the United States (in this
section referred to as the “Committee”).

“(b) Authority .—Not later than 2 years after the date of enactment of this section,
the Secretary shall establish and appoint all members of the Committee.

“(c) Membership.—

“(1) Composition .—The Committee shall be composed of not more than 21 members
whose diverse experience and background enable them to provide balanced
points of view with regard to carrying out the duties of the Committee.

“(2) Selection .—The Secretary, in consultation with the Attorney General and
National Governors Association, shall appoint the members to the Committee.
At least 1 Committee member shall be a former sex trafficking victim.
2 Committee members shall be a Governor of a State, 1 of whom shall
be a member of the Democratic Party and 1 of whom shall be a member
of the Republican Party.

“(3) Period
of appointment; vacancies .—Members shall be appointed for the life of the Committee. A
vacancy in the Committee shall be filled in the manner in which the
original appointment was made and shall not affect the powers or duties
of the Committee.

“(4) Compensation .—Committee members shall serve without compensation or per diem
in lieu of subsistence.

“(d) Duties.—

“(1) National
response .—The Committee shall advise the Secretary and the Attorney General
on practical and general policies concerning improvements to the Nation's
response to the sex trafficking of children and youth in the United
States.

“(2) Policies
for cooperation .—The Committee shall advise the Secretary and the Attorney General
on practical and general policies concerning the cooperation of Federal,
State, local, and tribal governments, child welfare agencies, social
service providers, physical health and mental health providers, victim
service providers, State or local courts with responsibility for conducting
or supervising proceedings relating to child welfare or social services
for children and their families, Federal, State, and local police,
juvenile detention centers, and runaway and homeless youth programs,
schools, the gaming and entertainment industry, and businesses and
organizations that provide services to youth, on responding to sex
trafficking, including the development and implementation of—

“(A) successful interventions with children and youth who are exposed
to conditions that make them vulnerable to, or victims of, sex trafficking;
and

“(B) recommendations for administrative or legislative changes necessary
to use programs, properties, or other resources owned, operated, or
funded by the Federal Government to provide safe housing for children
and youth who are sex trafficking victims and provide support to entities
that provide housing or other assistance to the victims.

“(3) Best practices
and recommendations for states .—

“(A) In general .—Within 2 years after the establishment of the Committee, the
Committee shall develop 2 tiers (referred to in this subparagraph
as “Tier I” and “Tier II”) of recommended
best practices for States to follow in combating the sex trafficking
of children and youth. Tier I shall provide States that have not yet
substantively addressed the sex trafficking of children and youth
with an idea of where to begin and what steps to take. Tier II shall
provide States that are already working to address the sex trafficking
of children and youth with examples of policies that are already being
used effectively by other States to address sex trafficking.

“(B) Development .—The best practices shall be based on multidisciplinary research
and promising, evidence- based models and programs as reflected in
State efforts to meet the requirements of sections 101 and 102 of
the Preventing Sex Trafficking and Strengthening Families Act.

“(C) Content .—The best practices shall be user- friendly, incorporate the
most up-to-date technology, and include the following:

“(i) Sample training materials, protocols, and screening tools that,
to the extent possible, accommodate for regional differences among
the States, to prepare individuals who administer social services
to identify and serve children and youth who are sex trafficking victims
or at-risk of sex trafficking.

“(ii) Multidisciplinary strategies to identify victims, manage cases,
and improve services for all children and youth who are at risk of
sex trafficking, or are sex trafficking victims, in the United States.

“(iii) Sample protocols and recommendations based on current States'
efforts, accounting for regional differences between States that provide
for effective, cross-system collaboration between Federal, State,
local, and tribal governments, child welfare agencies, social service
providers, physical health and mental health providers, victim service
providers, State or local courts with responsibility for conducting
or supervising proceedings relating to child welfare or social services
for children and their families, the gaming and entertainment industry,
Federal, State, and local police, juvenile detention centers and runaway
and homeless youth programs, housing resources that are appropriate
for housing child and youth victims of trafficking, schools, and businesses
and organizations that provide services to children and youth. These
protocols and recommendations should include strategies to identify
victims and collect, document, and share data across systems and agencies,
and should be designed to help agencies better understand the type
of sex trafficking involved, the scope of the problem, the needs of
the population to be served, ways to address the demand for trafficked
children and youth and increase prosecutions of traffickers and purchasers
of children and youth, and the degree of victim interaction with multiple
systems.

“(iv) Developing the criteria and guidelines necessary for establishing
safe residential placements for foster children who have been sex
trafficked as well as victims of trafficking identified through interaction
with law enforcement.

“(v) Developing training guidelines for caregivers that serve children
and youth being cared for outside the home.

“(D) Informing
states of best practices .—The Committee, in coordination with the National Governors Association,
Secretary and Attorney General, shall ensure that State Governors
and child welfare agencies are notified and informed on a quarterly
basis of the best practices and recommendations for States, and notified
6 months in advance that the Committee will be evaluating the extent
to which States adopt the Committee's recommendations.

“(E) Report on state implementation.—Within 3 years after
the establishment of the Committee, the Committee shall submit to
the Secretary and the Attorney General, as part of its final report
as well as for online and publicly available publication, a description
of what each State has done to implement the recommendations of the
Committee.

“(e) Reports .—

“(1) In general .—The Committee shall submit an interim and a final report on
the work of the Committee to—

“(A) the Secretary;

“(B) the Attorney General;

“(C) the Committee on Finance of the Senate; and

“(D) the Committee on Ways and Means of the House of Representatives.

“(2) Reporting
dates .—The interim report shall be submitted not later than 3 years
after the establishment of the Committee. The final report shall be
submitted not later than 4 years after the establishment of the Committee.

“(f) Administration .—

“(1) Agency
support .—The Secretary shall direct the head of the Administration for
Children and Families of the Department of Health and Human Services
to provide all necessary support for the Committee.

“(2) Meetings .—

“(A) In general .—The Committee will meet at the call of the Secretary at least
twice each year to carry out this section, and more often as otherwise
required.

“(B) Accommodation
for committee members unable to attend in person .—The Secretary shall create a process through which Committee
members who are unable to travel to a Committee meeting in person
may participate remotely through the use of video conference, teleconference,
online, or other means.

``(3) Subcommittees .—The Committee may establish subcommittees or working groups,
as necessary and consistent with the mission of the Committee. The
subcommittees or working groups shall have no authority to make decisions
on behalf of the Committee, nor shall they report directly to any
official or entity listed in subsection (d).

“(4) Recordkeeping .—The records of the Committee and any subcommittees and working
groups shall be maintained in accordance with appropriate Department
of Health and Human Services policies and procedures and shall be
available for public inspection and copying, subject to the Freedom
of Information Act (5 U.S.C. 552).

“(g) Termination .—The Committee shall terminate 5 years after the date of its
establishment, but the Secretary shall continue to operate and update,
as necessary, an Internet website displaying the State best practices,
recommendations, and evaluation of State-by-State implementation of
the Secretary's recommendations.

“(h) Definition .—For the purpose of this section, the term “sex trafficking”
includes the definition set forth in section 103(10) of the Trafficking
Victims Protection Act of 2000 (22 U.S.C. 7102(10)) and “severe
form of trafficking in persons” described in section 103(9)(A)
of such Act.”.

(1) in the paragraph heading, by striking “numbers of adoptions”
and inserting “rates of adoptions and guardianships”;

(2) by striking “the numbers” and all that follows
through “section,” and inserting “each of the rates
required to be determined under this section with respect to a State
and a fiscal year,”; and

(3) by inserting before the period the following: “, and,
with respect to the determination of the rates related to foster child
guardianships, on the basis of information reported to the Secretary
under paragraph (12) of subsection (g)”.

(c) Award Amount .—Section 473A(d) (42 U.S.C. 673b(d)) is amended—

(1) in paragraph (1), by striking subparagraphs (A) through (C)
and inserting the following:

“(A) $5,000, multiplied by the amount (if any) by which—

“(i) the number of foster child adoptions in the State during the
fiscal year; exceeds

“(ii) the product (rounded to the nearest whole number) of—

“(I) the base rate of foster child adoptions for the State for the
fiscal year; and

“(II) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year;

“(B) $7,500, multiplied by the amount (if any) by which—

“(i) the number of pre-adolescent child adoptions and pre-adolescent
foster child guardianships in the State during the fiscal year; exceeds

“(ii) the product (rounded to the nearest whole number) of—

“(I) the base rate of pre- adolescent child adoptions and pre- adolescent
foster child guardianships for the State for the fiscal year; and

“(II) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year who have
attained 9 years of age but not 14 years of age; and

“(C) $10,000, multiplied by the amount (if any) by which—

“(i) the number of older child adoptions and older foster child
guardianships in the State during the fiscal year; exceeds

“(ii) the product (rounded to the nearest whole number) of—

“(I) the base rate of older child adoptions and older foster child
guardianships for the State for the fiscal year; and

“(II) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year who have
attained 14 years of age; and

“(D) $4,000, multiplied by the amount (if any) by which—

“(i) the number of foster child guardianships in the State during
the fiscal year; exceeds

“(ii) the product (rounded to the nearest whole number) of—

“(I) the base rate of foster child guardianships for the State for
the fiscal year; and

“(II) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year.”;
and

“(A) In general.— If for any of fiscal years 2013 through 2015, the total amount
of adoption and legal guardianship incentive payments payable under
paragraph (1) of this subsection are less than the amount appropriated
under subsection (h) for the fiscal year, then, from the remainder
of the amount appropriated for the fiscal year that is not required
for such payments (in this paragraph referred to as the “timely
adoption award pool”), the Secretary shall increase the adoption
incentive payment determined under paragraph (1) for each State that
the Secretary determines is a timely adoption award State for the
fiscal year by the award amount determined for the fiscal year under
subparagraph (C).

“(B) Timely
adoption award state defined.— A State is a timely adoption award State for a fiscal year
if the Secretary determines that, for children who were in foster
care under the supervision of the State at the time of adoptive placement,
the average number of months from removal of children from their home
to the placement of children in finalized adoptions is less than 24
months.

“(C) Award
amount .—For purposes of subparagraph (A), the award amount determined
under this subparagraph with respect to a fiscal year is the amount
equal to the timely adoption award pool for the fiscal year divided
by the number of timely adoption award States for the fiscal year.”.

“(1) Foster
child adoption rate .—The term “foster child adoption rate” means, with
respect to a State and a fiscal year, the percentage determined by
dividing—

“(A) the number of foster child adoptions finalized in the State
during the fiscal year; by

“(B) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year.

“(2) Base rate
of foster child adoptions .—The term “base rate of foster child adoptions” means,
with respect to a State and a fiscal year, the lesser of—

“(A) the foster child adoption rate for the State for the then immediately
preceding fiscal year; or

“(B) the foster child adoption rate for the State for the average
of the then immediately preceding 3 fiscal years.

“(3) Foster
child adoption .—The term “foster child adoption” means the final
adoption of a child who, at the time of adoptive placement, was in
foster care under the supervision of the State.

“(4) Pre-adolescent
child adoption and pre-adolescent foster child guardianship rate.— The term “pre-adolescent child adoption and pre-adolescent
foster child guardianship rate” means, with respect to a State
and a fiscal year, the percentage determined by dividing—

“(A) the number of pre-adolescent child adoptions and pre-adolescent
foster child guardianships finalized in the State during the fiscal
year; by

“(B) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year, who have
attained 9 years of age but not 14 years of age.

“(5) Base rate
of pre-adolescent child adoptions and pre- adolescent foster child
guardianships .—The term “base rate of pre-adolescent child adoptions
and pre-adolescent foster child guardianships” means, with respect
to a State and a fiscal year, the lesser of—

“(A) the pre-adolescent child adoption and pre- adolescent foster
child guardianship rate for the State for the then immediately preceding
fiscal year; or

“(B) the pre-adolescent child adoption and pre- adolescent foster
child guardianship rate for the State for the average of the then
immediately preceding 3 fiscal years.

“(6) Pre-adolescent
child adoption and pre-adolescent foster child guardianship.—The term “pre-adolescent child adoption and pre-adolescent
foster child guardianship” means the final adoption, or the
placement into foster child guardianship (as defined in paragraph
(12)) of a child who has attained 9 years of age but not 14 years
of age if—

“(A) at the time of the adoptive or foster child guardianship placement,
the child was in foster care under the supervision of the State; or

“(B) an adoption assistance agreement was in effect under section
473(a) with respect to the child.

“(7) Older
child adoption and older foster child guardianship rate .—The term “older child adoption and older foster child
guardianship rate” means, with respect to a State and a fiscal
year, the percentage determined by dividing—

“(A) the number of older child adoptions and older foster child
guardianships finalized in the State during the fiscal year; by

“(B) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year, who have
attained 14 years of age.

“(8) Base rate
of older child adoptions and older foster child guardianships.— The term “base rate of older child adoptions and older
foster child guardianships” means, with respect to a State and
a fiscal year, the lesser of—

“(A) the older child adoption and older foster child guardianship
rate for the State for the then immediately preceding fiscal year;
or

“(B) the older child adoption and older foster child guardianship
rate for the State for the average of the then immediately preceding
3 fiscal years.

“(9) Older
child adoption and older foster child guardianship .—The term “older child adoption and older foster child
guardianship” means the final adoption, or the placement into
foster child guardianship (as defined in paragraph (12)) of a child
who has attained 14 years of age if—

“(A) at the time of the adoptive or foster child guardianship placement,
the child was in foster care under the supervision of the State; or

“(B) an adoption assistance agreement was in effect under section
473(a) with respect to the child.

“(10) Foster
child guardianship rate .—The term “foster child guardianship rate” means,
with respect to a State and a fiscal year, the percentage determined
by dividing—

“(A) the number of foster child guardianships occurring in the State
during the fiscal year; by

“(B) the number of children in foster care under the supervision
of the State on the last day of the preceding fiscal year.

“(11) Base
rate of foster child guardianships .—The term “base rate of foster child guardianships”
means, with respect to a State and a fiscal year, the lesser of—

“(A) the foster child guardianship rate for the State for the then
immediately preceding fiscal year; or

“(B) the foster child guardianship rate for the State for the average
of the then immediately preceding 3 fiscal years.

“(12) Foster
child guardianship.— The term “foster child guardianship” means, with
respect to a State, the exit of a child from foster care under the
responsibility of the State to live with a legal guardian, if the
State has reported to the Secretary—

“(A) that the State agency has determined that—

“(i) the child has been removed from his or her home pursuant to
a voluntary placement agreement or as a result of a judicial determination
to the effect that continuation in the home would be contrary to the
welfare of the child;

“(ii) being returned home or adopted are not appropriate permanency
options for the child;

“(iii) the child demonstrates a strong attachment to the prospective
legal guardian, and the prospective legal guardian has a strong commitment
to caring permanently for the child; and

“(iv) if the child has attained 14 years of age, the child has been
consulted regarding the legal guardianship arrangement; or

“(B) the alternative procedures used by the State to determine that
legal guardianship is the appropriate option for the child.”

Sec 203RENAMING OF PROGRAM

(a) In General .—The section heading of section 473A (42 U.S.C. 673b) is amended
to read as follows:

“SEC. 473A. ADOPTION AND LEGAL GUARDIANSHIP INCENTIVE
PAYMENTS.”.

(b) Conforming Amendments.—

(1) Section 473A is amended in each of subsections (a), (d)(1),
(d)(2)(A), and (d)(2)(B) (42 U.S.C. 673b(a), (d)(1), (d)(2)(A), and
(d)(2)(B)) by inserting “and legal guardianship” after
“adoption” each place it appears.

Section 473A(f) (42 U.S.C. 673b(f)) is amended in the 1st sentence
by inserting “, and shall use the amount to supplement, and
not supplant, any Federal or non-Federal funds used to provide any
service under part B or E” before the period

Sec 205 INCREASE IN PERIOD FOR WHICH INCENTIVE PAYMENTS ARE AVAILABLE
FOR EXPENDITURE

Section 473A(e) (42 U.S.C. 673b(e)) is amended—

(1) in the subsection heading, by striking “24-month”
and inserting “36-month”; and

(2) by striking “24-month” and inserting “36-month”

Sec 206 STATE REPORT ON CALCULATION AND USE OF SAVINGS RESULTING FROM
THE PHASE-OUT OF ELIGIBILITY REQUIREMENTS FOR ADOPTION ASSISTANCE;
REQUIREMENT TO SPEND 30 PERCENT OF SAVINGS ON CERTAIN SERVICES

“(8)(A) A State shall calculate the savings (if any) resulting from
the application of paragraph (2)(A)(ii) to all applicable children
for a fiscal year, using a methodology specified by the Secretary
or an alternate methodology proposed by the State and approved by
the Secretary.

“(B)A State shall annually
report to the Secretary.—

“(i) the methodology used to make the calculation described in subparagraph
(A), without regard to whether any savings are found;

“(ii) the amount of any savings referred to in subparagraph (A); and

“(iii) how any such savings are spent, accounting for and reporting
the spending separately from any other spending reported to the Secretary
under part B or this part.

“(C) The Secretary shall make all information reported pursuant to
subparagraph (B) available on the website of the Department of Health
and Human Services in a location easily accessible to the public.

“(D) (i) A State shall spend an amount equal to the amount of the savings
(if any) in State expenditures under this part resulting from the
application of paragraph (2)(A)(ii) to all applicable children for
a fiscal year, to provide to children of families any service that
may be provided under part B or this part. A State shall spend not
less than 30 percent of any such savings on post-adoption services,
post-guardianship services, and services to support and sustain positive
permanent outcomes for children who otherwise might enter into foster
care under the responsibility of the State, with at least \2/3\ of
the spending by the State to comply with such 30 percent requirement
being spent on post-adoption and post-guardianship services.

“(ii) Any State spending required under clause (i) shall be used
to supplement, and not supplant, any Federal or non-Federal funds
used to provide any service under part B or this part.”

Section 473(d)(3) (42 U.S.C. 673(d)(3)) is amended by adding
at the end the following:

“(C) Eligibility not affected by replacement of guardian
with a successor guardian.—In the event of the death or incapacity
of the relative guardian, the eligibility of a child for a kinship
guardianship assistance payment under this subsection shall not be
affected by reason of the replacement of the relative guardian with
a successor legal guardian named in the kinship guardianship assistance
agreement referred to in paragraph (1) (including in any amendment
to the agreement), notwithstanding subparagraph (A) of this paragraph
and section 471(a)(28).”

Section 479 (42 U.S.C. 679) is amended by adding at the end
the following:

“(d) To promote improved knowledge on how best to ensure strong,
permanent families for children, the Secretary shall promulgate regulations
providing for the collection and analysis of information regarding
children who enter into foster care under the supervision of a State
after prior finalization of an adoption or legal guardianship. The
regulations shall require each State with a State plan approved under
this part to collect and report as part of such data collection system
the number of children who enter foster care under supervision of
the State after finalization of an adoption or legal guardianship
and may include information concerning the length of the prior adoption
or guardianship, the age of the child at the time of the prior adoption
or guardianship, the age at which the child subsequently entered foster
care under supervision of the State, the type of agency involved in
making the prior adoptive or guardianship placement, and any other
factors determined necessary to better understand factors associated
with the child's post-adoption or post- guardianship entry to foster
care.”

Sec 209 ENCOURAGING THE PLACEMENT OF CHILDREN IN FOSTER CARE WITH
SIBLINGS

(1) Notification of parents of siblings. — Section 471(a)(29)
(42 U.S.C. 671(a)(29)) is amended by striking “all adult grandparents”
and inserting “the following relatives: all adult grandparents,
all parents of a sibling of the child, where such parent has legal
custody of such sibling,”.

(2) Sibling defined. — Section 475 (42 U.S.C. 675), as amended
by sections 101(b) and 111(a)(1) of this Act, is amended by adding
at the end the following:

“(12) The term `sibling' means an individual who satisfies at least
one of the following conditions with respect to a child:

“(A) The individual is considered by State law to be a sibling of
the child.

“(B) The individual would have been considered a sibling of the child
under State law but for a termination or other disruption of parental
rights, such as the death of a parent.''.

(b) Rule of Construction. — Nothing in this section shall
be construed as subordinating the rights of foster or adoptive parents
of a child to the rights of the parents of a sibling of that child

Sec 210 EFFECTIVE DATES

(a) In General. — Except as otherwise provided in this
section, the amendments made by this subtitle shall take effect as
if enacted on October 1, 2013.

(b) Restructuring and Renaming of Program. —

(1) In general. — The amendments made by sections 202 and
203 shall take effect on October 1, 2014, subject to paragraph (2).

(2) Transition rule. —

(A) In general. — Notwithstanding any other provision of law,
the total amount payable to a State under section 473A of the Social
Security Act for fiscal year 2014 shall be an amount equal to \1/2\
of the sum of —

(i) the total amount that would be payable to the State under such
section for fiscal year 2014 if the amendments made by section 202
of this Act had not taken effect; and

(ii) the total amount that would be payable to the State under such
section for fiscal year 2014 in the absence of this paragraph.

(B) Pro rata adjustment if insufficient funds available. —
If the total amount otherwise payable under subparagraph (A) for fiscal
year 2014 exceeds the amount appropriated pursuant to section 473A(h)
of the Social Security Act (42 U.S.C. 673b(h)) for that fiscal year,
the amount payable to each State under subparagraph (A) for fiscal
year 2014 shall be —

(i) the amount that would otherwise be payable to the State under
subparagraph (A) for fiscal year 2014; multiplied by

(ii) the percentage represented by the amount so appropriated for
fiscal year 2014, divided by the total amount otherwise payable under
subparagraph (A) to all States for that fiscal year.

(c) Use of Incentive Payments; Eligibility for Kinship Guardianship
Assistance Payments With a Successor Guardian; Data Collection. —
The amendments made by sections 204, 207, and 208 shall take effect
on the date of enactment of this Act.

(d) Calculation and Use of Savings Resulting From the Phase-Out
of Eligibility Requirements for Adoption Assistance. — The amendment
made by section 206 shall take effect on October 1, 2014.

(e) Notification of Parents of Siblings. —

(1) In general. — The amendments made by section 209 shall
take effect on the date of enactment of this Act, subject to paragraph
(2).

(2) Delay permitted if state legislation required.—In the
case of a State plan approved under part E of title IV of the Social
Security Act which the Secretary of Health and Human Services determines
requires State legislation (other than legislation appropriating funds)
in order for the plan to meet the additional requirements imposed
by section 209, the State plan shall not be regarded as failing to
comply with the requirements of such part solely on the basis of the
failure of the plan to meet such additional requirements before the
1st day of the 1st calendar quarter beginning after the close of the
1st regular session of the State legislature that ends after the 1-year
period beginning with the date of enactment of this Act. For purposes
of the preceding sentence, in the case of a State that has a 2-year
legislative session, each year of the session is deemed to be a separate
regular session of the State legislature.

(c) Finding Families for Foster Children Who Are Parents. —
Section 427(a)(1)(E) (42 U.S.C. 627(a)(1)(E)) is amended by inserting
“and other individuals who are willing and able to be foster
parents for children in foster care under the responsibility of the
State who are themselves parents” after “kinship care
families”.

(2) by redesignating paragraphs (2) and (3) as paragraphs (1) and
(2), respectively.

(e) Effective Date. — The amendments made by this section
shall take effect as if enacted on October 1, 2013.

* * * * * * *

Sec 301 AMENDMENTS TO ENSURE ACCESS TO CHILD SUPPORT SERVICES FOR
INTERNATIONAL CHILD SUPPORT CASES

(a) Authority of the Secretary of HHS To Ensure Compliance With
Multilateral Child Support Conventions. —

(1) In general. — Section 452 (42 U.S.C. 652) is amended—

(A) by redesignating the second subsection (l) (as added by section
7306 of the Deficit Reduction Act of 2005) as subsection (m); and

(B) by adding at the end the following:

“(n) The Secretary shall use the authorities otherwise provided by
law to ensure the compliance of the United States with any multilateral
child support convention to which the United States is a party.”.

(1) in paragraph (4)(A)(ii), by inserting before the semicolon “(except
that, if the individual applying for the services resides in a foreign
reciprocating country or foreign treaty country, the State may opt
to require the individual to request the services through the Central
Authority for child support enforcement in the foreign reciprocating
country or the foreign treaty country, and if the individual resides
in a foreign country that is not a foreign reciprocating country or
a foreign treaty country, a State may accept or reject the application)”;
and

“(1) Foreign reciprocating country. — The term `foreign reciprocating
country' means a foreign country (or political subdivision thereof)
with respect to which the Secretary has made a declaration pursuant
to subsection (a).

“(2) Foreign treaty country. — The term `foreign treaty country'
means a foreign country for which the 2007 Family Maintenance Convention
is in force.

“(3) 2007 family maintenance convention. — The term “2007
Family Maintenance Convention” means the Hague Convention of
23 November 2007 on the International Recovery of Child Support and
Other Forms of Family Maintenance.”;

(2) in subsection (c) —

(A) in the matter preceding paragraph (1), by striking “foreign
countries that are the subject of a declaration under this section”
and inserting “foreign reciprocating countries or foreign treaty
countries”; and

(f) State Law Requirement Concerning the Uniform Interstate Family
Support Act (UIFSA). —

(1) In general. — Section 466(f) (42 U.S.C. 666(f)) is amended
—

(A) by striking “on and after January 1, 1998,”;

(B) by striking “and as in effect on August 22, 1996,”;
and

(C) by striking “adopted as of such date” and inserting
“adopted as of September 30, 2008”.

(2) Conforming amendments to title 28, united states code. —
Section 1738B of title 28, United States Code, is amended—

(A) in subsection (d), by striking “individual contestant”
and inserting “individual contestant or the parties have consented
in a record or open court that the tribunal of the State may continue
to exercise jurisdiction to modify its order,”;

(B) in subsection (e)(2)(A), by striking “individual contestant”
and inserting “individual contestant and the parties have not
consented in a record or open court that the tribunal of the other
State may continue to exercise jurisdiction to modify its order”;
and

(C) in subsection (b) —

(i) by striking “child' means” and inserting “(1)
The term “child” means”;

(v) by striking “ “child support order” and inserting
“(5) The term “child support order” ;

(vi) by striking “ “contestant” means” and
inserting “(6) The term “contestant” means”;

(vii) by striking “ “court” means” and inserting
“(7) The term “court” means”;

(viii) by striking “ “modification” means”
and inserting “(8) The term “modification” means”;
and

(ix) by striking “ “State” means” and inserting
“(9) The term “State” means”.

(3) Effective date; grace period for state law changes. —

(A) Paragraph (1). —

(i) The amendments made by paragraph (1) shall take effect with
respect to a State no later than the effective date of laws enacted
by the legislature of the State implementing such paragraph, but in
no event later than the first day of the first calendar quarter beginning
after the close of the first regular session of the State legislature
that begins after the date of the enactment of this Act.

(ii) For purposes of clause (i), in the case of a State that has
a 2-year legislative session, each year of the session shall be deemed
to be a separate regular session of the State legislature.

(B) Paragraph (2). —

(i) The amendments made by subparagraphs (A) and (B) of paragraph
(2) shall take effect on the date on which the Hague Convention of
23 November 2007 on the International Recovery of Child Support and
Other Forms of Family Maintenance enters into force for the United
States.

(ii) The amendments made by subparagraph (C) of paragraph (2) shall
take effect on the date of the enactment of this Act

* * * * * * *

Sec 302 CHILD SUPPORT ENFORCEMENT PROGRAMS FOR INDIAN TRIBES

(a) Tribal Access to the Federal
Parent Locator Service .—Section 453(c)(1) (42 U.S.C. 653(c)(1)) is amended by inserting
“or Indian tribe or tribal organization (as defined in subsections
(e) and (l) of section 4 of the Indian Self-Determination and Education
Assistance Act (25 U.S.C. )),” after “any State”.

(1) by redesignating paragraphs (1) through (3) as subparagraphs
(A) through (C), respectively, and realigning the left margin of subparagraph
(C) so as to align with subparagraphs (A) and (B) (as so redesignated);

(2) by inserting “(1)” after “(b)”; and

(3) by adding at the end the following: “(2) An Indian tribe
or tribal organization operating a program under section 455(f) shall
be considered a State for purposes of authority to conduct an experimental,
pilot, or demonstration project under subsection (a) to assist in
promoting the objectives of part D of title IV and receiving payments
under the second sentence of that subsection. The Secretary may waive
compliance with any requirements of section 455(f) or regulations
promulgated under that section to the extent and for the period the
Secretary finds necessary for an Indian tribe or tribal organization
to carry out such project. Costs of the project which would not otherwise
be included as expenditures of a program operating under section 455(f)
and which are not included as part of the costs of projects under
section 1110, shall, to the extent and for the period prescribed by
the Secretary, be regarded as expenditures under a tribal plan or
plans approved under such section, or for the administration of such
tribal plan or plans, as may be appropriate. An Indian tribe or tribal
organization applying for or receiving start-up program development
funding pursuant to section 309.16 of title 45, Code of Federal Regulations,
shall not be considered to be an Indian tribe or tribal organization
operating a program under section 455(f) for purposes of this paragraph.”.

(c) Conforming Amendments .—Section 453(f) (42 U.S.C. 653(f)) is amended by inserting “and
tribal” after “State” each place it appears

* * * * * * *

Sec 304 DATA EXCHANGE STANDARDIZATION FOR IMPROVED INTEROPERABILITY

(a) In General .—Section 452 (42 U.S.C. 652), as amended by section 301(a)(1)
of this Act, is amended by adding at the end the following:

“(o) Data Exchange Standards for Improved Interoperability.
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“(1) Designation.—The Secretary shall, in consultation
with an interagency work group established by the Office of Management
and Budget and considering State government perspectives, by rule,
designate data exchange standards to govern, under this part—

“(A) necessary categories of information that State agencies
operating programs under State plans approved under this part are
required under applicable Federal law to electronically exchange with
another State agency; and

“(B) contain interoperable standards developed and maintained
by intergovernmental partnerships, such as the National Information
Exchange Model;

“(C) incorporate interoperable standards developed and
maintained by Federal entities with authority over contracting and
financial assistance;

“(D) be consistent with and implement applicable accounting
principles;

“(E) be implemented in a manner that is cost- effective
and improves program efficiency and effectiveness; and

“(F) be capable of being continually upgraded as necessary.

“(3) Rule of construction.—Nothing in this subsection
shall be construed to require a change to existing data exchange standards
found to be effective and efficient.”.

(b) Effective Date .—The Secretary of Health and Human Services shall issue a proposed
rule within 24 months after the date of the enactment of this section.
The rule shall identify federally required data exchanges, include
specification and timing of exchanges to be standardized, and address
the factors used in determining whether and when to standardize data
exchanges. It should also specify State implementation options and
describe future milestones